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1983-10-17 Regular Meeting3371 _ 83 -2 83 -75 REGULAR MEETING MONDAY, OCTOBER 17, 1983 i The City Council of the City of Okeechobee, met in regular session in Council Chambers, 55 Southeast Third Avenue, Okeechobee, Florida, at 7:00 P.M. Vice Chairman James H. Knight called the meeting to order with the following Councilmen present: James H. Knight, Vice Chairman Dowling R. Watford, Jr. Oakland Chapman Oscar Thomas Chairman Edward W. Douglas was absent. Others present were: Bonnie S. Thomas, City Clerk Richard C. Fellows, City Administrator David M. Conlon, City Attorney L.C. Fortner, Jr., Director of Public Works Steve Figley, Assistant Director Larry Mobley, Police Chief L.Keith Tomey, Fire Chief Rosemary Lear, Executive Secretary Janice M. Mann, Deputy Clerk AGENDA ITEMS #II & #III The Invocation was offered by Director of Public Works, L.C. Fortner, Jr., followed by the Pledge of Allegiance. AGENDA ITEM #IV - APPROVAL OF MINUTES Vice Chairman called for approval of the minutes of the regular meetings of September 12th and 19th, 1983, and of October 3, 1983. Councilman Watford so moved, seconded by Councilnan Cha ran. Motion carried. AGENDA ITEM #V - REZONING REQUEST - BERGER Vice Chairman opened the floor for a public hearing and final reading of an ordinance requesting the rezoning of Lots 7, 8 and 9, Block 16, South Okeechobee, from Residential Single Family (RSF) to Commercial for purposes of constructing a parking lot to be used in conjunction with Captain "D's" S3afood Restaurant. The ordinance was read in its entirety as follows: AN ORDINANCE AMENDING THE ORDINANCE CODE OF THE CITY OF OKEECHOBEE, FLORIDA; AMENDING APPENDIX A BEING THE COMPREHENSIVE ZONING ORDINANCE OF THE CITY OF OKEECHOBEE WHICH ESTABLISHES ZONING REGULATING AND PROVIDES FOR THE ADMINISTRATION, ENFORCEMENT AND AMENDMENT THEREOF; PROVIDING FOR A CHANGE IN THE CLASSIFICATION OF SPECIFIED LAND FROM RESIDENTIAL SINGLE FAMILY TO COMMERCIAL. WHEREAS, application has been duly made to change the zoning classification as herein - stated, and WHEREAS, all public notices have been duly published according to law, and WHEREAS, public hearings have been held as required by Appendix:A, the Comprehensive Zoning Ordinance of the City of Okeechobee, and WHEREAS after consideration of the requirements of the Comprehensive Zoning Ordinance and the land use plan of the City of Okeechobee as set out in the City of Okeechobee Comprehensive 3372 83 -77 Comprehensive Plan and further after consideration of the public's interest it is deemed to be in the best interest of the City of Okeechobee to change the zoning classification of the land lying within the limits of the City of Okeechobee as herein stated; now therefore BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF OKEECHOBEE, FLORIDA. SECTION 1. That the following described real property is hereby rezoned from Residential Single Family to Commercial. Lots 7, 8, & 9, Block 15, South Okeechobee SECTION 2. That the application requesting this zoning change and proof of publication for any and all public hearings in connection herewith shall be attached to and become a part of this Ordinance. SECTION 3. The Zoning Administrator shall make the appropriate change on the city's zoning map in accordance with this ordinance. SECTION 4. This Ordinance shall become effective immediately upon its adoption. There were no comments or objections voiced from the audience. Councilman Watford noted a needed correction in the ordinance legal description, Block 15 as read should be Block 16. The advertisement was correct (Block 16). The Council discussed the fact that construction has begun prior to the rezoning being approved and prior to a permit being issued. Due to the discrepancies, the Chair asked that the Building Official be contacted, then moved to the next agenda items to await his arrival. AGENDA ITEM #IV - FINAL HEARING - ORDINANCE - RETIREMENT BENEFIT AMENDMENT - FIVE YEAR VESTED Vice Chairman Knight called for a public hearing and final reading of an ordinance amending the Code of Ordinances of the City of Okeechobee; providing that general employees will be vested in the retirement system after five years instead of ten years. The ordinance was read as follows: AN ORDINANCE AMENDING THE ORDINANCE CODE OF THE CITY OF OKEECHOBEE, FLORIDA; AMENDING ORDINANCE 419, SECTION VI TO PROVIDE FOR VESTING IN THE RETIREMENT SYSTEM WITH FIVE YEARS OF CONTINUOUS SERVICE INSTEAD OF TEN YEARS; PROVIDING AN EFFECTIVE DATE. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF OKEECHOBEE, FLORIDA AS FOLLOWS: SECTION I: Ordinance 419, Section VI is hereby amended to read as follows: Section VI VESTING If a Member terminates his employment with the city, either voluntarily or by dis- charge, and is not eligible for any other benefits under the system, he shall be entitled to the following: A. With less than tee -494 five (5) year of continuous service, a refund of accumulated contributions. B. With tern -49) five (5) or more years of continuous service, Cl) The pension benefits accrued to his date of termination, payable for the life of the member and commencing upon the member's attainment of his otherwise normal retirement age, provided he does not elect to withdraw his member contributions, or, in the discretion of the Member. (2) Refund of accumulated contributions, in which event no pension benefits shall be payable. Regardless of the provisions of the vesting provisions, any Member attaining normal re- tirement age shall be fully vested (100%) in retirement benefits accrued to normal re- tirement date or actual retirement date, if later. SECTION II: This Ordinance shall take effect upon its adoption. 3373 3 - _. 83 -77 83 -78 Administrator Fellows noted the Department Heads were aware of the proposed amendment and have received no objections from employees. Councilman Thomas moved that the ordinance be adopted, seconded by Councilman Chapman. Motion carried. AGENDA ITEM / /VII - FINAL HEARING - ORDINANCE - RETIREMENT BENEFIT AMENDMENT - 1.6% OF SALARY 1 The Vice - Chairman noted the final reading of an ordinance amending the Code of Ordinances of the City of Okeechobee to increase retirement benefits for general employees from 1.5% of salary to 1.6% of salary. The ordinance was ready by Vice Chairman Knight as follows: AN ORDINANCE AMENDING THE ORDINANCE CODE OF THE CITY OF OKEECHOBEE, FLORIDA; AMENDING ORDINANCE 419, SECTION III, SUB - PARAGRAPH A (1) TO PROVIDE FOR FIVE YEARS OF CONTINUOUS SERVICE INSTEAD OF TEN YEARS OF CONTINUOUS SERVICE; AMENDING SECTION III, SUB - PARAGRAPH B (1) TO INCREASE THE MONTHLY RETIREMENT BENEFIT FROM 1.5 PERCENT TO 1.6 PERCENT OF AVERAGE MONTHLY EARNINGS; PROVIDING AN EFFECTIVE DATE. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF OKEECHOBEE, FLORIDA AS FOLLOWS: SECTION I: Ordinance 419, Section III, sub - paragraph A (1) and sub - paragraph B (1) are hereby amended to read as follows: SECTION III RETIREMENT DATES AND BENEFITS A. Normal Retirement Date (1) A Member may retire on the first day of the month coincident with or next following that date on which such Member attains age sixty -five (65) and completes lea -+ Q4 five (5) years of continuous service. B. Normal Retirement Benefit (1) Amount The monthly retirement benefit shall be an amount equal to eae- and- erne- lialC- pepeeat -4444- one and sixth tenths percent (1.6 %) of Average Monthly Earnings times years and completed months of continuous service with the city. SECTION II: This ordinance shall take effect upon its adoption. Following a brief explanation by the City Administrator, Councilman Thomas moved that the ordinance be adopted, seconded by Councilman Chapman. Motion carried. AGENDA ITEM #VIII - FINAL HEARING - ORDINANCE - LOCKSMITHS MUST BE BONDED Carl Pickard, Sun Coast Painting, appeared before the Council to negotiate a mobilization/ demobilization fee for returning to correct and complete the job of painting the water tower. Mr. Pickard asked for a fee of Two Thousand Dollars ($2,000.00) and that the city authorize an inspector other than Howard Green to inspect the work. Director Fortner introduced Stephen Pinney of Stephen G. Pinney & Associates Engineering and Inspection Services. At the request of Director Fortner, Mr. Pinney inspected the exterior painting of the water tank located at the City Hall complex. Mr. Pinney presented his report to the Council and elaborated on his findings in detail. In conclusion, Pinney stated, "It is obvious that very little surface preparation work was accomplished and that an insufficient amount of coating was applied. There are many areas that have no primer applied over the steel and there is no evidence that two coats of top coat were applied on any area of the tank. This statement is based on the 1 I fif 3374 There are many areas that have no primer applied over the steel and there is no evidence that two coats of top coat were applied on any area of the tank. This statement is based on the thickness of the top coat observed and the fact that the specification calls for two different colors of top coat. The performance of the work to date is upsetting but the work can be at least partially corrected. This will require complete re- rigging of the tank and correcting the mistakes. It will also require a full top coat with mildew resistence." Mr. Pinney also recommended that an inspector be on the job full time rather than one day a week. Carl Pickard responded to Mr. Pinney's findings and stated "Yes, we can complete the job and I haven't any problem with his inspection procedures." The Council discussed at length the different viewpoints, the proposed costs for a full time inspector, and the original specifications. Council also discussed the requested mobili- zation fee of Two Thousand Dollars ($2,000.00). Councilman Watford stated the recent report substantiates the problems and justifies the City's work stoppage order, therefore, the City should not have to pay the entire amount to begin work again. Mr. Pickard stated Councilman Watford was correct, his (Pickard's) problem lies with the paint manufacturer and asked for a compromise of One Thousand Dollars ($1,000.00). Discussion ensued. Pickard noted it would take from three to four weeks to complete the job. Councilman Thomas moved to authorize the additional One Thousand Dollar ($1,000.00) fee, Sun Coast Painting return and complete the job, upon condition he complies with all the rules and regulations of the Director of Public Works and the Inspector, and that the steps for com- pletion be submitted in writing, seconded by Councilman Chapman. Councilman Watford asked that the One Thousand Dollars ($1,000.00) be paid only upon com- pletion, provided the job is completed properly. Councilman Thomas so amended his motion to include that requirement, amendment seconded by Councilman Chapman. Vote on the motion carried. The Council discussed the inspector's full time fees and the qualifications of the person who will actually do the job. Vice Chairman Knight quoted the fees as follows: Twenty -Six Dollars ($26.00) per hour; overtime Thirty -Four Dollars ($34.00) per hour; per diem Thirty -Five Dollars ($35.00) per day; mileage Twenty -Four Cents (24¢) per mile. Follwoing lengthy discussion, Councilman Thomas moved to hire Stephen Pinney & Associates as inspector at a rate of Twenty -Six Dollars ($26.00) per hour; Twenty cents (20$) per mile, seconded by Councilman Chapman. Motion carried. Carl Pickard requested payment of Ten Thousand Dollars ($10,000.00) upon completion of the exterior of the tank, then continue with the interior. f I ► III 7 I 3375 3 83 -75 Council discussed the request. Councilman Thomas moved to authorize the Director of Public Works and Inspector to determine an adequate draw on exterior work completed, seconded by Council- man Chapman. Attorney Conlon defined the draw as being a proportionate draw to the two stages with a ten percent (10 %) retention based upon the calculations of the inspector. Councilman Thomas amended his motion to include the attorney's definition, seconded by Councilman Chapman. Motion carried. AGENDA ITEM #V - REZONING REQUEST - BERGER 1 Building Official Westbrook being present, the Vice Chairman returned to Agenda Item #V, rezoning request of Phil Berger. The Building Official explained that construction has begun on the three lots that are already zoned Commercial. Those three lots have ample space for parking with the additional rezoning. The Council discussed further the fact that construction had begun prior to a permit being issued. Attorney Conlon advised that when the footers are poured and are inspected it constitutes an official act, therefore, a permit is needed on record. Director Fortner advised that the construction, in fact, in error. The building is supposed to be ten feet (10') from the alley, however, it abuts the alley. The owner now has to request a variance. The septic tanks are in the alley. Administrator Fellows suggested the City take the position that no one begins work without a permit being issued, and the work on Captain D's Restaurant should be stopped until all problems are ironed out. The Council discussed the issue and the variance consequences. In view of the situation, Councilman Watford moved to table the rezoning request until the next regular meeting on Novem- ber 7, seconded by Councilman Thomas. Motion carried. In regards to the current construction of Captain D's, Attorney Conlon advised that the City has two choices 1) inform the contractors that they continue at their own risk, or 2) revoke the permit and stop the work until it is resolved. The Council discussed the matter at length, then instructed the Building Official to write a letter stopping the work until further notice. AGENDA ITEM #XX - MAYOR TO CALL ON AUDIENCE Vice Chairman Knight called on anyone in the audience wishing to address the Council, with no response. AGENDA ITEM #XI - MAYOR TO CALL ON CITY CLERK, CITY ATTORNEY, CITY ADMINISTRATOR AND COUNCILMEN FOR REPORTS AND /OR REQUESTS City Clerk - Warrant Registers Clerk Thomas presented the Warrant Registers for Council's approval. - Meeting Date Clerk Thomas asked the Council if they 3anted to change the November 7th meeting date to November 8th, the date of the special election, in order to sit as canvassing board. I 1 I iii A 3376 83 -82 83 -18 83 -83 83 -84 83 -85 Council discussed it briefly then agreed to leave the regular meeting date set for Nov- ember 7th and canvass the election at the next regular meeting November 21st. - Election Board & Cost Clerk Thomas presented the proposed Election Board for the City's Special Election. Councilman Chapman moved to accept the board as presented, seconded by Councilman Thomas. Motion carried. The cost of the Special Election will be Six Hundred Twenty -Five Dollars ($625.00). Councilman Watford - Warrant Registers Councilman Watford moved to approve the General Fund Warrant Register in the amount of Sixty -Five Thousand Nine Hundred Seventy -One and 71 /100ths Dollars ($65,971.71) and the Water and Sewer Warrant Register in the amount of Seventeen Thousand Four Hundred Twenty -Nine and 55 /100ths Dollars ($17,429.55), seconded by Councilman Chapman. Motion carried. City Administrator - Dean's Court alleyways Administrator Fellows reported on the cleaning of the alleys in Dean's Court. "Four alleys only have small trees and undergrowth and the city crews have been authorized to underbrush these alleys. Two of the alleys have very large Austrialian Pines in such abundance it is impossible to underbrush. In order to do anything on these two alleys we will have to survey them to determine the boundaries, and which trees are to be removed. We estimate the cost of removal to be between two and three hundred dollars." The Council discussed the matter. Councilman Watford stated the alleys should be cleaned as requested, however, do not remove the trees. It was the consensus of the Council to clean the alleys upon request, using present City employees and equipment only. - City Holidays Administrator Fellows noted that each year the Council is approached relative to city holidays to trade off Veterans Day so employees can take off the Friday following Thanksgiving. Fellows asked that the Council consider a permanent change to eliminate the yearly discussion. Vice Chairman Knight stated that he requested a list be made up last year of preferred holidays. The Clerk and Administrator were instructed to prepare such a list for the next meeting. Councilman Thomas - Building Permits Councilman Thomas moved that contractors are required to obtain a building permit prior to beginning any construction, seconded by Councilman Chapman. Clearing lot not included. Vote on motion carried. Councilman Watford - Budget Councilman Watford commended the Department Heads for ending the fiscal year under budget. AGENDA ITEM /XII - ADJOURNMENT There being no further business to be brought before the Council, the meeting adjourned at 9:35 P.M. Bonnie S. Thomas, CMC City Clerk City of Okeechobee THERE IS A TAPE OF THIS MEETING IN ITS ENTIRETY ON FILE IN THE CITY CLERK'S OFFICE. dward W. Do glas, D.C. Chairman City of Okeechobee I AGENDA CITY OF OKEECHOBEE COUNCIL CHAMBERS REGULAR MEETING OCTOBER 17, 1983 7:00 P.M. I. Call to Order II. Invocation - L.C. Fortner, Jr., Director of Public Works III. Pledge of Allegiance - Vice Mayor Jim Knight IV. Approval of the minutes of the regular meetings of September 12 and 19, 1983 and of October 3, 1983. V. Public hearing and final reading of an ordinance requesting the rezoning of Lots 7, 8, and 9, Block 16, South Okeechobee from RSF to Commercial for purposes of constructing a parking lot to be used in conjunction with Captain D's Seafood Restaurant. (Planning and Zoning Board recommends approval) VI. Public hearing and final reading of an ordinance amending the Code of Ordinances of the City of Okeechobee; providing that general employees will be vested in the retirement system after five years instead of ten years. VII. Public hearing and final reading of an ordinance amending the Code of Ordinances of the City of Okeechobee to increase retirement benefits for general employees from 1.5% of salary to 1.6% of salary. VIII. Public hearing and final reading of an ordinance amending the Occupational License Ordinance to provide that Locksmiths must be bonded. IX. Carl Pickard to negotiate a mobilization/demobilization fee for Sun Coast Painting. X. Mayor to call on anyone in the audience wishing to address the Council. XI. Mayor to call on City Clerk, City Attorney, City Administrator and City Councilmen for reports and/or requests. XII. Adjournment.